Defective Products Lawyer in Columbia, MO.

Defective Products Lawyer in Columbia, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Columbia, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your iPhone throughout the day. You may go boating on your days off. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the buyer. When there is a mistake in the chain of distribution and a product becomes defective, it can cause severe harm to you and your Columbia, MO family. When that happens to you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and get you the great compensation you deserve.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have delivered our clients in Columbia and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Columbia, MO today at (314) 500-HURT.

If you were harmed by a defective product in Columbia, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Columbia, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• What to Do if You're Injured by a Dangerous Product?
• Can I Sue a Company if Their Product Gave Me Cancer?
• Can I Sue for a Defective Car Part if it Caused My Accident?

Columbia, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products cause in excess of 29 million injuries and 21,000 fatalities annually.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme ruin an unsafe product can cause.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Columbia, MO for empathetic, dedicated and knowledgeable support and legal representation.

What is the Process for Defective Products Claims in Columbia, MO?

Under Missouri Revised Statute §537.760, you and your Columbia, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

1. The corporation was involved in the product's stream of commerce.
2. The product was used in a way easily expected.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
   2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:

• The manufacturer is known, has not closed their business and is financially capable of paying you for the entirety of your injuries.
• The vendor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
• There is no evidence is brought in front of the court that the seller took part in any other aspect of the stream of commerce.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are met, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the production of the product than they implied, were otherwise responsible for the fault or the manufacturer is unable to pay for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only applicable to for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury cases in Columbia, MO are determined by the concept of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that obligation, for instance if are injured by a fatigued truck driver they can be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any injuries a product causes, whether they were negligent or not. According to jury instruction revisions made by the Missouri Supreme Court, defendant's in a product liability case may be held to the strict liability standard if you and your Columbia, MO defective products lawyer can demonstrate that the product was "unreasonably dangerous" — meaning it is unsafe when used as intended or in a foreseeable way — at the moment that it got into your hands.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

1. Design Defect: A design defect is an innate fault in the design that afterwards affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either only make one product faulty, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
3. Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement comprehensive safety protocols for verifying the safety of their products. Even so, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Columbia, MO will fight by your side and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Columbia, MO

A common defense for manufacturers in a defective products claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you are liable for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to eschew their responsibility to reimburse you for the harm they have caused. Your Columbia, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative fault if the following situations apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not be expected to foresee that use of the product.
• You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably diminish it. Suppose you crash a car while driving 40 miles per hour over the speed limit and the brakes do not work as well as they should. The manufacturer could reasonably foresee someone doing that, but will not be completely responsible because you were being reckless.
• You knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
• You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
• You did not mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because the defense can — and will — try to convince the court that comparative fault applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous dishonest ruses to try and devalue your claim, but your Columbia, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Columbia, MO

Our defective products lawyer team sees in Columbia, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty car parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Wheels
• Steering systems
• Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause harm, for instance if a design defect gives them a heightened propensity to rolling over.

Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.

Defective Medical Devices Lawyer in Columbia, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further injuries when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Columbia, MO has seen be defective include:

• Artificial joints that can result in infections, limited mobility, chronic soreness or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause punctured organs, infections and internal burns
• Blood clot filters that permit free-floating blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, cause pelvic pain, excessive blood loss and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department announced that throughout a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Columbia, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in Columbia, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute independent testing many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that truly help their condition. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Columbia, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.

Four thousand five hundred medications and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of reckless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we file suit for in Columbia, MO include:

• Children's toys
• Chemicals such as cleaning products
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in Columbia, MO knows that being injured by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have committed our careers to seeing the injured in Columbia and throughout Missouri receive fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Columbia, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Columbia, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.